bhunter:
It's kinda like the generalization that Christians have the neccessity to prosteletize. Some recruit a lot more aggressively than nothers. But I hear what you say.. Not because I'm in favor of the kinda Muslim bashing I saw in the Tenn legislation, but because we shouldn't go "overboard" like our Canadian cousins (
some of them MerryLander) and just make it easier for Muslims with intent to interfere with our political and legal process. I was raised Jewish, so I could carry a lot of reasons to suspect Muslims, but I won't put that ahead of general principles. And their right to construct places of worship, and actually practice religious arbitration are not negotiable. I doubt if my Christian yahoo neighbors REALLY want govt setting precedents on limits to the 1st Amendment..
Piece--ItPete:
It's Ok man.. Don't panic, I'm not a lawyer, so I should be able to explain this pretty well!!
(D-ray is cringing now)
A contract is enforceable because it adheres to all tenets of the "law of the land". The state will back you up on a contract, or bring you down by providing a full legal system to resolve differences. If someone owes you money from a verdict, the state will help you collect. I believe the court can also refer a civil case to the criminal court or at least reserve the right to charge someone criminally. Then you have prison in the equation. You can also agree in contract to binding arbitration in lieu of using an actual court proceeding. But (I believe), you have some means of appeal even in arbitration..
In the case of agreeing to abide by the determination of a religious panel or process such as a Sharia case or Hallakah for Jews, or a Catholic edict, the law that is used to decide the case has NOTHING to do with law sanctioned by the state. (or at least it should be separate as Canada found out). Doesn't mean that the parties aren't obligated to feel "compelled" to submit to the verdict. It just means that there is no real enforcement other than for the church, temple, mosque, to bar you from membership -- damn your soul to hell --- or have your mother vetch at you for the rest of your life.
Can't use the state to appeal, Can't use the state to collect or to carry out the punishment. OTHER THAN THAT --- carry on. Settle disputes out of court. Make decisions on who is guilty.. You're just not gonna get the keys to the jail from us...
Gotta be that way -- else we'd have to have secular judges trying to balance secular national law with biblical law. For instance, the concept of interest on a loan or even a loan are ABSENT in Sharia law. (That's why the great Jew/Arab conflict thing ((BIG))
) And women not having full and equal rights in ALL 3 of those religions I mentioned is simply a no-go in American civil court. FOR CRYING OUT LOUD -- there are some local churches here from the 1700's with 2 doors on the front.. One for MEN, the other for WOMEN.. My bible buckle neighbors better be careful what they ask for in terms of using the law to SUPPRESS other religions..